HomeMy WebLinkAboutPK15-002 - Amendment - #2 - Stewart MacNichols Harmell, Inc. P.S. - Agreement for Indigent Defense Services - 01/01/2019 KENT Records Management Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
Vendor Name:
Stewart MacNichols Harmell, INC, PS
Vendor Number (JDE): 35369
Contract Number (City Clerk): PY 15 - UD t- 00
Category: -Contract Agreement !1e
Sub-Category (if applicable): Amendment p
Project Name,
Agreement for Indigent Services
Contract Execution Date: 1-1-2015 Termination Date: 12-31-2020
Contract Manager:
Lori Guilfoyle Department: Parks
c
Contract Amount: $8J0,000
Budgeted: W- Grant?
Part of NEW Budget: Local: ❑ State: ❑ Federal: El
Related to a New Position: El
Basis for Selection of Contractor? Other
Approval Authority: El Director 7 Mayor City Council
Other Details: his is the Second Amendment to origin aagreem�ent � i71� -•
I
SECOND AMENDMENT
TO
AGREEMENT FOR INDIGENT DEFENSE SERVICES
This Second Amendment to Agreement for Indigent Defense Services
("Second Amendment") is made between the CITY OF KENT, a Washington
municipal corporation ("City") and STEWART MACNICHOLS HARMELL, INC.,
P.S., a Washington professional services corporation ("Contractor"), and amends
the parties' Agreement for Indigent Defense Services ("Agreement") executed on
December 22, 2014, with an Effective Date of January 1, 2015.
I. RECITALS
1.1 The current Agreement is set to expire on December 31, 2018, with
the first option to extend having been exercised through the First Amendment to
Agreement for Indigent Defense Services, dated December 22, 2017 ("First
Amendment"). Although the First Amendment contains a scrivener's error in
Section 2.1 that the term was extended through December 31, 2019, the First
Amendment as a whole makes it clear that the parties' intent was to simply
exercise the first option to extend the Agreement for an additional one year term
through December 31, 2018, as the original Agreement contemplated and
authorized.
1.2 The Agreement provided for two options to extend for an additional
one year term each. The first option to extend having been exercised through the
First Amendment, the second and final option to extend the Agreement is exercised
through this Second Amendment. Although the Agreement provides that the second
option to extend is to be for a one year term, the parties wish to extend the
Agreement for two additional years, with that second year being subject to Council
approval and ratification prior to its effectiveness. If Council approval and
ratification of this Second Amendment is obtained, the final term under this Second
Amendment will expire at 11:59 p.m. on December 31, 2020. Otherwise, if Council
approval and ratification is not obtained, the Agreement will terminate at 11:59
p.m. on December 31, 2019, at the expiration of the second option to extend.
1.3 In addition to extending the term of the parties' Agreement, the City
and Contractor mutually agree to amend certain provisions of the Agreement as
provided for within this Second Amendment.
NOW THEREFORE, the City and Contractor agree as follows:
SECOND AMENDMENT TO AGREEMENT FOR (January 1, 2019 - December 31, 2019)
INDIGENT DEFENSE SERVICES - 1 OF 5 (January 1-December 31, 2020 Conditioned on Council Ratification)
II. AGREEMENT
2.1 Term. The parties have mutually agreed to exercise the second of two
options to extend the Agreement for an additional one-year term. Without further
action, upon full execution of this Second Agreement, the Agreement is extended
through December 31, 2019. In addition to exercising the second option to renew
the Agreement, the parties wish to extend the Agreement for an additional one year
term through December 31, 2020. However, this second one year term is subject to
Council approval and ratification. Upon such Council action, the Agreement's term
will automatically extend through December 31, 2020, without further action of the
parties.
2.2 Initial Client Contact. Section VI.A of the Agreement is amended as
follows:
A. Contact Prior to Court Hearinis. Contractor shall be
available to defendants to ensure that defendants
are provided with effective assistance of counsel.
Defendant access to the Contractor prior to court
hearings is paramount. At a minimum, Contractor
shall endeavor to confer with all defendants about
their cases vd6 as soon as Diractical
from the time of appointment and again prior to
court hearings. To that end and without limitation,
Contractor will seek timely and confidential
information from each defendant regarding possible
defenses, the need for investigation, mental and
physical health issues, immigration status, client
goals, and the advisability of additional discovery.
2.3 Attorneys Required to Provide Services. Section XI of the Agreement is
amended as follows:
XI. NUMBER OF ATTORNEYS EMPLOYED.
nt r
rc�mesFgf}tlf# , Gentracto
pfev4id�e lessrtflidn the number of fuktf Fli E'
positionsequivalent eed .he
t`,a-Afer�er-re
Contractor shall provide the number of attorneys
sufficient to meet case load limas as provided for in
the Agreement,. Contractor shall provide to the
Human Services Department an up-to-date list of
the names of attorneys and Rule 9 interns
SECOND AMENDMENT TO AGREEMENT FOR (January 1, 2019 -December 31, 2019)
INDIGENT DEFENSE SERVICES - 2 OF 5 (January 1-December 31, 2020 Conditioned on Council Ratification)
providing services under this Agreement, along
with the experience of each attorney and intern.
2.4 Records Documenting Client Interactions. Section XIII B.i. of the
Agreement is amended as follows:
i. Attempts and actual contact with clients within the
time narind ranuired by Section VI-A. and within 72
hours of appein ent in the in a manner developed
by the Contractor to protect client confidentiality.
2.5 Maintaining Staff Presence at Court and Jail. Section XIII.D. of the
Agreement is stricken in its entirety and replaced with the following placeholder:
D. [Reserved].
2.6 Estimate of Current Case Counts. Section XXI.A. of the Agreement is
stricken in its entirety and replaced with the following placeholder:
A. [Reserved],
2.7 Changes in Case Load. Section XXI.B. of the Agreement is amended as
follows:
B, Increases or Decreases in Case Load. The City and
the Public Defender shall, at the option of either
party, renegotiate this contract if there is a
significant increase or decrease in the number of
cases assigned. s j4a - -,eam
a change: of more than ten 449°k y4n-t-he
n t4rfated
arid...e+eaty
eases
per year or seven--htffKl arrd
seventy-(770) cases per quarter, the part�iez- I
_•er-age
and compensation to Public Defepdef, At the
request of either party, the City and Public
Defender will periodically review case assignment
trends and any other matters needed to determine
contract compliance or necessary contract
modifications. Public Defender shall promptly
notify the City when quarterly caseloads can
reasonably be anticipated to require use of
overflow or conflict counsel to assure that cases
assigned to Public Defender remain within the
limits adopted in this contract and comply with
state and local standards.
SECOND AMENDMENT TO AGREEMENT FOR (January 1, 2019 - December3l, 2019)
INDIGENT DEFENSE SERVICES - 3 OF 5 (January 1-December3l, 2020 Conditioned on Council Ratification)
I
2.8 Client Representation After Termination. Section XXIII of the
Agreement is amended as follows:
XXIII. CONTINUATION OF REPRESENTATION AFTER
TERMINATION
In the event of termination of this Agreement and
to the extent the client can be adequately
represented, all cases assigned prior to the
Agreement term expiration, including those which
have not reach resolution, initial or otherwise, shall
be transferred to the new service provider as
efficiently and practicably as possible, and within
the guidelines and restrictions of the Rules of
Professional Conduct. Cases in progress at the
Agreement expiration or termination that cannot be
lawfully transferred at the time of expiration or
termination will be compensated at one hundred-
forty dollars ($140.00) per hour until completed or
transferred to the new service provider,—wh+e�
is most efficient n multaneousN ats--€ear4
protection of the Fights of the �aeeused.
2.9 Payment for Fndi ent Defense Services. Section XXVII.A. of the
Agreement is amended as follows:
A. Payment for Services. The City shall provide to
Contractor for services rendered under this
Agreement the sum of PI9
EIGHT HUNDRED FIFTY
THOUSAND DOLLARS (S8S0.000) per year, payable
on a pro rata basis through qual monthly
payments of $70 833.33 per month from 3anuary
1,2015 January 1, 2019,� through Beeember-34-i
2017 December 31. 2019, though the final monthly.
navmpnf fnr r)prPrnhpr of ?nlq will hp in the
amount of 5701,833.37.
If Council approval and ratification is obtained as
reouired by the Second Amendment to extend the
Acireement for an additional one year term the
same monthly amount shall be paid by the Cit to
Contractor for services rendered from, January 1.
2020, through December 31, 2020.
Contractor Attorney shall bill the City each month
for services rendered herein. In the event this
Agreement is terminated pursuant to the provisions
set forth in this Agreement, the Contractor's
compensation shall be prorated based upon the
SECOND AMENDMENT TO AGREEMENT FOR (January 1, 2019 -December 31, 2019)
INDIGENT DEFENSE SERVICES - 4 OF 5 (January 1-December 31, 2020 Conditioned on Council Ratification)
number of months and portions of months which
have elapsed between the commencement of the
year and the effective date of termination.
2.10 Remaining Provisions Unchanged. All other provisions of the original
Agreement, as amended by the First Amendment, and not inconsistent with this
Second Amendment shall remain in full force and effect.
2.11 Ratification. All acts consistent with the authority of the Agreement, the
First Amendment, and this Second Amendment, prior to the effective date of this
Second Amendment, are hereby ratified and affirmed, and the terms of the
Agreement, the First Amendment, and this Second Amendment shall be deemed to
have applied.
2.12 Authority to Sign. The parties whose names appear below swear under
penalty of perjury that they are authorized to enter into this Second Amendment,
which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Second Amendment, which
will become effective on the last date written below.
CITY: CONTRACTOR:
CITY OF KENT STEWART MACNICHOLS HARMELL
INC., P.S.
Fame: Dana Raloh Name KCN I-IAPJAf-L_L
Title: Mayor _ Title }A ,
Date: � ? , .4,c � _� Date:.,.__12- /ZI /IFS. _.
AP ` VED AS TO FORM:
JCkyAttorney's Office
,
City CI rk
a. Fl,.,oa, ,b.,.o. RIII--E-1,.11.,...II.wIoI.. III111,.1.mmam n1.1.Id
SECOND AMENDMENT TO AGREEMENT FOR (January 1, 2019 -December 31, 2019)
INDIGENT DEFENSE SERVICES - 5 OF 5 (January 1-December 31, 2026 Conditioned on Council Ratification)
i
REQUEST FOR MAYOR'S SIGNATURE
KENT Print on Cherry-Colored Paper
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
rJl'
Approved by Director r
_
FReturn
inator: Lori GU1lfoyle Phone (Originator): 5061
sent: 12-21-18 Date Required: 12-31-18
Signed Document to: Lori Contract Termination Date: 12-31-20
DOR NAME: Date Finance Notified:
Stewart MacNichols Harmell, PS, Inc (only required on contracts /A
-0 000 and over or on any Grant)
�4Hat_his
E 7F COYY Cg APPROVAL, akipieako n 'b s zoLs Date Risk Manager Notified:NA
'".". ✓ 61,,G �5 . t, Re aired on Non Cit Standard cori 0_5 A re2menks
Document been Specifrocall Account Number:
Authorized in the Bud et? a YES No 10006380.64140. 1430
Brief Explanation of Document;.
The Agreement provided for two options to extend for an additional one year term each. The first option to
extend having been exercised through the First Amendment, the second and final option to extend the
Agreement is exercised through this Second Amendment. Although the Agreement provides that the second
option to extend is to be for a one year term, the parties wish to extend the Agreement for two additional years,
pproval anc ra icat o n Orhi SeconAm""
enment s obtained the final term under this SecondIf Council
with that second year bein sat ect to Council approval and ratification rror to Its effectiveness
a Amendment
will expire at 11:59 p.m, on December 31, 2020.,Otherwise, if Council approval and ratification is not obtained,
the Agreement will terminate at 11:59 p.m. on December 31, 2019, at the expiration of the second option to
extend,
In addition, the Second Amendment to Agreement for Indigent Services reduces the current contract from
$900,000 annually to $850,000 annually.
All Contracts Must Be Routed Through The Law Dep
Received: (This#ea to be completed by the taw Department)
Approval of Law Dept.;
Law De to Comments: ( I0)8
Date Forwarded to Mavor: -
Shaded A o Be Completed By Administration Staff
Received:
RECEIVED
Recommendations and Comments:
DEC 2 8 2018
Disposition;/,4'' ,
City of Kent
+� ice f the Mayor
Date Returned:
w., vnma wmvv. raevapn aWan ae. uvm pnv ury m
White, Tammy
From: Guilfoyle, Lori
Sent: Thursday, December 27, 2018 5:31 PM
To: Finn, Kelly;White, Tammy
Subject: FW: Contract revision
Please see below.
Thankyoul
Lori
From: ken maidto:ken sf5mhlaw.comj
Sent:Thursday, December 27, 2018 5:26 PM
To:Guilfoyle, Lori<LGurlfovle@kentwa.pov>
Subject: Re: Contract revision
EXTERNAL Et�AaL
Lori
I do consent to swapping out the pages.The new language is how we were expecting the contract to be interpreted so
no issues on my end.
Thanks
Ken
Sent from my Sprint Samsung Galaxy 57.
--------Original message--------
From: "Guilfoyle, Lori" <LGujlfoyIe@kentwa.eov>
Date: 12/27/18 4:57 PM (GMT-08:00)
To: 'Ken Harmell' <ken(asbrnhiaw,com>
Subject: Contract revision
Hi Ken —I revised the contract language to reflect payments, we didn't have the total contract amount of$850,000 in
the contract.
Attached is a PDF version of the Second Amendment with the added language highlighted that addresses the payment
issue. If you are ok with this change, do you consent to us swapping out the first 4 pages of the version you signed with
the first 4 pages of the attached?
t